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RIORDAN v. COMMONWEALTH EDISON CO.

No. 97-1206.

128 F.3d 549 (1997)

Rosemary RIORDAN, Plaintiff-Appellant, v. COMMONWEALTH EDISON COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 1997.

Attorney(s) appearing for the Case

James J. Kupka (argued), Eugene F. Keefe, Alholm & Monahan, Chicago, IL, for Plaintiff-Appellant.

Sharon L. King, Sidley & Austin, Colleen K. Nouhan (argued), Commonwealth Edison Company, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and MANION and KANNE, Circuit Judges.

MANION, Circuit Judge.

Rosemary Riordan was married to James Riordan for over twenty years. They had five children. But in 1977 they separated and nine years after that they divorced. When James died in 1992, his employer, Commonwealth Edison ("ComEd"), paid a $50,000.00 death benefit to his second wife, Irene. Rosemary sued ComEd under ERISA; she claimed plan documents revealed James' intent that she receive the death benefit rather than Irene. After the case was...

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